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Westford KOs liquor permit, drive-thrus

By Sarah Favot, sfavot@lowellsun.com

Updated:
10/16/2012 06:41:59 AM EDT

WESTFORD -- Special Town Meeting rejected two citizen's petitions on voice votes Monday night: one that would have asked the Legislature to allow for an additional package-store liquor license and another that would amend zoning bylaws to allow drive-throughs at restaurants.

Cornerstone Square developer Robert Walker submitted a motion to allow the Board of Selectmen to petition the Legislature for an all-alcohol off-premise license that would be used by a tenant of Cornerstone Square.

Town Manager Jodi Ross said the town has seven all-alcohol package stores and four wine-and-malt package stores. Under state law, Westford has reached its limit on the number of liquor licenses allowed.

There are three businesses in the area of Minot's Corner that hold all-alcohol package-store licenses.

Some residents were concerned that the petition was specifically for a business at Cornerstone Square. However, Town Counsel John Giorgio said it is common for additional licenses to be granted by the Legislature for a specific location.

Attorney Paul Alphen, who represents Westford Package Store and Wine Cellar, both within the vicinity of Cornerstone Square in Minot's Corner, spoke on behalf of his clients against Walker's motion.

Alphen said his clients had to pay previous license holders "dearly" to obtain a license and his clients rely on the value of the license to pay for their retirement when they sell the business.

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He said the value of the licenses his clients hold will be reduced if another license is issued.

He cited the town's Master Plan that expresses a desire to encourage local business owners and lessen the number of franchises along Route 110.

In response to Alphen's statement, Walker said the potential tenant is not a chain-store establishment, and being a Westford resident, he is a local business owner.

"This gentleman is going to offer what is totally different than what exists," said Walker of the potential tenant.

Resident Rob Creegan spoke in favor of the motion.

"I think we should vote 'yes,' if we want to maximize the value of real estate, we should give property owners tools to maximize revenue," he said.

Susan Higgins, president of Westford Against Substance Abuse, opposed the petition.

Selectmen opposed the petition 4 to 1.

Town Meeting also rejected a citizen's petition by Andy and Don Lagasse that would amend zoning bylaws to allow drive-thru windows at restaurants within the commercial highway district.

Andy Lagasse explained the impetus of the petition was his health concerns, including two triple-bypass surgeries, knee surgery and spine surgery. He said last winter he was getting a sandwich to-go while it was sleeting outside and as he was getting out of his truck, he slipped and fell.

He said drive-through windows would allow him to remain in his truck, out of the elements, in order to pick up food to-go.

The Planning Board unanimously voted not to support the motion.

Lagasse's petition would have made drive-throughs windows allowed under a right-by-use-permitted.

The Planning Board suggested a potential alternative zoning amendment that would allow drive-throughs under a special permit to be approved by the Planning Board, instead of a right-by-use-permitted.

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